November 2nd, 2009
A hospital trust is facing a compensation claim after it was fined £10,000 when a vulnerable patient in its care fell out of a first-floor window and suffered serious injuries.
North East Essex Primary Care Trust admitted breaching Section 3(1) of the Health and Safety at Work Act after Charles Preston, a partially-sighted 68-year-old, suffered breaks to his shoulder, pelvis and coccyx when he fell.
The incident occurred at the Clacton & District Hospital in March 2008.
Following the court ruling, Mr Preston has announced his intention to sue the trust.
Kim Wicks, the Health and Safety Executive inspector who investigated the case, said the accident could have been avoided.
"The control measures, in this case window restrictors, to prevent this risk are easy to fit and maintain," she said.
Last week, the Herald reported that student Jonathan Harvey was going to sue Plymouth City Council after he fell 20ft through a broken fence on council property.
Tags: Broken Fence, Case Window, Charles Preston, Clacton, Coccyx, Compensation Claim, Control Measures, East Essex, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety Executive, Hospital Trust, Jonathan Harvey, Pelvis, Plymouth City Council, Primary Care Trust, Safety At Work, Section 3
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October 30th, 2009
The Health and Safety Executive (HSE) has warned employers that they must adhere to regulations regarding working at height following an accident in which a man broke his spine.
Philpott Demolition and Recycling employee Gediminas Vasiliauskas had been removing roof tiles from an aircraft hangar when the tragedy occurred in April 2007.
He was not wearing a safety harness and when he lost his footing, he fell from the roof of the building. The victim had to have a metal plate inserted into his spine and lost his sense of taste and smell.
He was also unable to work for a year after the accident.
Tim Philpott, the owner of the business, was fined for breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was given a substantial fine.
HSE Inspector Nicola Surrey said: "Mr Vasiliauskas was lucky to survive this incident, which could have been avoided if his employer had taken precautions to ensure his employee’s safety."
Under Work at Height Regulations, every employer should make sure that work is not carried out at height when it can be successfully carried out at ground level.
Where work at height is carried out, employers are legally obliged to take adequate steps to prevent falls.
Tags: Adequate Steps, Aircraft Hangar, Demolition, Footing, Health And Safety, Health And Safety At Work, Health And Safety At Work Etc Act 1974, Health And Safety Executive, Nicola, Norwich, Quot, Recycling, Roof Tiles, Safety At Work, Safety Harness, Sense Of Taste, Spine Health, Surrey, Tragedy, Working At Height
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October 13th, 2009
Sugar company Tate and Lyle has been fined for breaching health and safety regulations after an incident in which an employee was killed.
Keith Webb, 53, was sub-contracted to work at the firm’s sugar refinery in Newham in March 2004 and had been unloading raw sugar from a ship using a bulldozer.
However, part of the crane holding the machine in place suddenly snapped, causing the bulldozer to plunge onto the ship and then into the sea.
Mr Webb was killed instantly and Tate and Lyle was prosecuted by the Health and Safety Executive (HSE).
Its investigation found that the company had failed to properly manage staff and to provide safe access to the ships.
Tate and Lyle has now been fined £270,000 plus £90,000 costs for breaches of the Health and Safety at Work Act 1974.
HSE inspector John Crookes said: "In failing to identify and address these inadequacies before they led to the death of a worker, Tate and Lyle’s performance fell well below what could be reasonably expected of them."
Employers must act to remove where possible hazards that could cause accidents or death. If this is not carried out to a satisfactory standard, victims or their families may be eligible to claim compensation.
Tags: Breaches, Bulldozer, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety At Work Act 1974, Health And Safety Executive, Inadequacies, John Crookes, Keith Webb, Mr Webb, Newham, Raw Sugar, Safety At Work, Safety Regulations, Sugar Company, Sugar Refinery, Tate And Lyle, Workplace Accident
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October 7th, 2009
The Health and Safety Executive (HSE) has issued a warning to the agriculture industry following an incident in which a man was killed at work.
Colin Neil McCourt, 55, was an agency worker and was welding a tip bucket at Nutberry Moss Works in Annan in January 2008 when it moved and pinned him against the floor.
He died as a result of his injuries and the HSE prosecuted the owners of the firm, Humax Horticulture.
The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £23,300 for the negligence which ultimately led to the accident.
HSE inspector Jean Edgar said: "Employers who take on agency staff … should not provide any lesser standard of health and safety protection for these people than they would for their own employees."
According to additional statistics published on the HSE website, industry sectors with significantly higher than average injury rates in 2007-08 included agriculture, hunting, forestry and fishing, construction and transport, storage and communication.
Tags: Agency Staff, Agriculture Industry, Edgar, Forestry, Health And Safety, Health And Safety At Work, Health And Safety At Work Etc Act 1974, Health And Safety Executive, Horticulture Company, Horticulture Industry, Hse Website, Hunting, Industry Sectors, Mccourt, Moss, Negligence, Safety At Work, Safety Protection, Section 3
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October 2nd, 2009
A company has been fined by the Health and Safety Executive (HSE) after a cleaner was killed by a piece of machinery in a factory.
Lynda Trebilcock had been cleaning a blending machine at Delico, a food processing plant in Milton Keynes, when its powered door suddenly moved, pushing her into the components.
She suffered fatal head injuries and died at the scene.
Delico was penalised for breaching the Health and Safety at Work Act and was fined £160,000.
HSE inspector Karl Howes remarked: "Employers must ensure that they implement safe systems of work for staff using machinery. They must make certain that safety features on machines, such as guards, are not overridden."
According to additional figures published on the HSE website, moving machinery causes 30 per cent of fatal injuries in food manufacturing, a higher proportion than any other sector.
Anyone who suffers as a result of the death of a family member at work may be eligible to claim compensation and should seek the advice of a solicitor.
Tags: Blending Machine, Delico, Family Member, Fatal Injuries, Food Processing Plant, Head Injuries, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety Executive, Howes, Hse Website, Milton Keynes, Moving Machinery, Proportion, Safe Systems Of Work, Safety At Work, Safety Features, Solicitor
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